Turner-Elkhorn Coal Co. v. Smith

OPINION op the Court by

Judge Willis

Reversing.

The Turner-Elkhorn Coal Company made a verbal contract with T. W. Smith to do some construction work for it in the opening of a coal operation. As a result of the relation the company was compelled. to pay out $828.49 to take care of certain checks issued by Smith during the course of the work. The company sued Smith to recover the amount of the checks. Smith admitted liability on the checks, but set up a counterclaim for a much larger amount for work done under the contract. The case has been tried three times. At the first trial Smith obtained a…